Chemical-Specific Maximum Allowable Levels for Pesticide Residues in T Dietary Supplements ∗ Rebecca E
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Food and Chemical Toxicology 123 (2019) 511–519 Contents lists available at ScienceDirect Food and Chemical Toxicology journal homepage: www.elsevier.com/locate/foodchemtox Chemical-specific maximum allowable levels for pesticide residues in T dietary supplements ∗ Rebecca E. Adams , Julie A. Brickel1, Virunya S. Bhat NSF International, 789 N. Dixboro Rd, Ann Arbor, MI, 48105, USA ARTICLE INFO ABSTRACT Keywords: Dietary supplements are regulated by the U.S. FDA as a subset of foods. Most botanical dietary ingredients do not Risk assessment have pesticide tolerances, resulting in the enforcement of zero tolerance or general maximum residue limits Pesticide residue (GMRL), rather than utilizing science-informed tolerances. In the current study, chemical-specific maximum Pesticide tolerance allowable levels (MALs) were derived for 185 pesticides by converting existing, authoritative-body human Pesticide contaminant health effects criteria. MALs were derived for 96% of pesticides using criteria established by the U.S.EPA.If Dietary supplement multiple authoritative-bodies had established human health effects criteria, the most scientifically-defensible Botanical ingredient criteria was selected, taking into consideration both carcinogenic and non-carcinogenic endpoints. Five pesti- cides (o-phenylphenol, pirimicarb, oxadixyl, tetradifon, o,p'-DDT), lacking criteria established by the U.S. EPA had criteria established by other authoritative-bodies that were utilized in the derivation of MALs. Two pesti- cides did not have any established human health effects criteria (o,p'-DDD and o,p'-DDE). In total, MALs were derived from existing criteria for over 98% of the pesticides in the present study. Consequently, it is demon- strated that human health effects criteria derived by authoritative-bodies can be effectively utilized toderive chemical-specific, science-informed MALs applicable to all food commodities, including botanical ingredients, thereby, minimizing reliance on precautionary zero tolerance and GMRLs. 1. Introduction adults, has contributed to the increase in dietary supplement con- sumption with the industry's overall U.S. economic impact valued at 1.1. United States (U.S.) dietary supplements industry more than $120 billion or 0.68 percent GDP in 2016 (CRN, 2016; Dunham, 2016; Low et al., 2017). Importantly, botanical dietary sup- In the early 1940s, the first multivitamin tablet was introduced to plements form a large segment of this market with reports of 61 million U.S. markets (NIH, 2007). Since then, growth in dietary supplement use people taking herbals/botanicals (Low et al., 2017; CRN, 2016). has accelerated rapidly with 76% of U.S. adults, or more than 170 million people, consuming dietary supplements each year (CRN, 2017). 1.2. Current U.S. regulations According to a 2016 Consumer Survey on Dietary Supplements, general population growth, along with an increase in usage among younger In the U.S., dietary supplements are regulated by the U.S. Food and Abbreviations: ADI, Acceptable Daily Intake; APVMA, Australian Pesticides and Veterinary Medicines Authority; BMDL, Benchmark Dose Level; CAS, Chemical Abstracts Service; DSHEA, Dietary Supplement Health and Education Act; EC, European Commission; EFSA, European Food Safety Authority; EMA, European Medicines Agency; EU, European Union; FAO, Food and Agriculture Organization; FFDCA, Federal Food Drug and Cosmetic Act; FQPA, Food Quality Protection Act; GAP, good agriculture practices; GMP, good manufacturing practice; GMRL, general maximum residue limit; IRIS, Integrated Risk Information System; JECFA, Joint FAO/WHO Expert Committee on Food Additives; JMPR, Joint FAO/WHO Meeting on Pesticide Residues; LOAEL, Lowest Observed Adverse Effect Level; MAL, maximum allowable level; MRL, maximum residue limit; NOAEL, No Observed Adverse Effect Level; NOP, National Organic Program; NPS, nonpoint-source; OSF, Oral Slope Factor; PAD, Population Adjusted Dose; PMRA, Pest Management Regulatory Agency; POD, Point-of-Departure; PTDI, provisional Tolerable Daily Intake; RfD, Reference Dose; RSC, Relative Source Contribution; SCCS, Scientific Committee on Consumer Safety; TDI, Tolerable Daily Intake; TTC, Threshold of Toxicological Concern; UF, uncertainty factor; US. EPA, U.S. Environmental Protection Agency; U.S., United States; USDA, United States Department of Agriculture; U.S. EPA, U.S. Environmental Protection Agency; U.S. FDA, U.S. Food and Drug Administration; USP, U.S. Pharmacopeia; USP-NF, USP-New Formulary; WHO, World Health Organization ∗ Corresponding author. E-mail addresses: [email protected] (R.E. Adams), [email protected] (J.A. Brickel), [email protected] (V.S. Bhat). 1 Present address: Burdock Group, 859 Outer Rd, Orlando, FL, 32814, USA. https://doi.org/10.1016/j.fct.2018.11.045 Received 11 October 2018; Received in revised form 16 November 2018; Accepted 19 November 2018 Available online 20 November 2018 0278-6915/ © 2018 Elsevier Ltd. All rights reserved. R.E. Adams et al. Food and Chemical Toxicology 123 (2019) 511–519 Drug Administration (U.S. FDA) as a subset of foods under the Dietary pesticide contamination, chemicals can enter and contaminant water Supplement Health and Education Act (DSHEA) of 1994 (DSHEA, and food sources through direct application, runoff, and atmospheric 1994). Dietary supplements containing botanical dietary ingredients deposition (U.S. EPA, 2005a). In response to NPS pesticide con- have concentration-based pesticide tolerances established by the U.S. tamination, the U.S. FDA has set action levels for discontinued histor- Environmental Protection Agency (U.S. EPA) or, in some cases, by the ical pesticide chemicals that persist in the environment; however, these U.S. FDA. Per the enforcement criteria, the pesticide tolerances in action levels were established only for non-botanical specified crops or dietary supplements containing botanical dietary ingredients are set to commodities (USP, 2016). Therefore, unlike crops and commodities, the same levels as foods (DSHEA, 1994; U.S. FDA. CPG Sec. 575.100). botanicals that are subject to unavoidable NPS pesticide contamination Tolerances for pesticides are governed by the Federal Food, Drug continue to be held to the zero tolerance regulation (40 CFR 180.5). and Cosmetic Act (FFDCA) of 1938 (FFDCA, 1938a). The FFDCA au- thorizes the U.S. EPA to establish a tolerance for the maximum amount 1.5. Pesticide regulations in Canada and the European Union (EU) or concentration of a pesticide residue that may be legally present in or on a treated raw agricultural commodity or issue an exemption for a The Canadian Food and Drugs Act and Regulations authorizes the pesticide from the requirement of a tolerance (U.S. FDA. CPG Sec. Pest Management Regulatory Agency (PMRA) to establish concentra- 575.100). Currently, the U.S. EPA establishes pesticide tolerances as tion-based MRLs for pesticide-crop combinations (Health Canada, part of the food safety equation ensuring that pesticides can be used 2015). However, in contrast to the zero tolerance approach utilized in with “reasonable certainty of no harm” (U.S. EPA, 2017a). A pesticide the U.S., when an MRL has not been established for specific pesticide- tolerance, or maximum residue limit (MRL), is the concentration of a crop combinations, the PMRA applies a General MRL (GMRL) of pesticide residue allowed to remain in or on each treated food com- 0.1 ppm (Health Canada, 2017; USP, 2016). Similarly, in the EU, con- modity (U.S. EPA, 2017a). Consequently, current regulations rely on centration-based MRLs are set by the European Commission (EC) for all pesticide tolerances specific to each crop, with food consumption data food and animal feed after the European Food Safety Authority (EFSA) as a driver for which crops are evaluated. Because tolerances and action verifies that the residue is safe for all European consumer groups(EC, levels have primarily been established by the U.S. EPA for high-value 2008; EC, 2017). The regulation covers pesticides currently or formerly crops (e.g. grain, fruits, vegetables, etc.); many plant species do not used in agriculture in or outside the EU (EC, 2008; EC, 2017). Com- have established pesticide tolerances or action levels (40 CFR Part 180). parable to the regulations established in Canada, a GMRL is applied The U.S. FDA is responsible for the enforcement of pesticide toler- when a pesticide-crop combination has not specifically been evaluated ances and food additive regulations established by the U.S. EPA (EC, 2008; EC, 2017); however, the GMRL established by the EU of (FFDCA, 1938b; U.S. FDA. CPG Sec. 575.100). Under FFDCA Sec. 408, a 0.01 ppm is 10-fold more conservative than the GMRL established by raw agricultural commodity or a processed food or feed is deemed to be Canada (0.1 ppm) (EC, 2008; EC, 2017; Health Canada, 2017; USP, adulterated and subject to the U.S. FDA enforcement action if it con- 2016). tains either: 1) a pesticide residue at a level greater than that specified by a tolerance or food additive regulation, or, 2) a pesticide residue for 1.6. Maximum allowable levels (MALs) which there is no tolerance, tolerance exemption or food additive reg- ulation (FFDCA, 1938b; U.S. FDA. CPG Sec 575.100). An important The MALs derived for pesticides residues within this analysis are tolerance exemption to enforcement includes “unavoidable pesticide specific to dietary supplements. Thus, the MAL is the estimated daily residues” (U.S. FDA. CPG Sec 575.100). If a food or feed contains exposure level at which a chemical in dietary supplements is likely to be pesticide residues from sources of contamination that cannot be without an appreciable risk of adverse effects over an individual's avoided by good agriculture practices (GAPs) or good manufacturing lifetime. Due to the lack of pesticide tolerances and action levels and practices (GMPs), the U.S. FDA may establish an action level for such the subsequent enforcement of zero tolerance by the U.S. FDA on bo- unavoidable pesticide residues (U.S. FDA. CPG Sec. 575.100). An action tanical dietary ingredients typically found in dietary supplements, a level specifies the level below which the U.S.